NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: GADSDEN v R [2005] NSWCCA 453
HEARING DATE(S): 14 December 2005
JUDGMENT DATE: 14 December 2005
JUDGMENT OF: Hodgson JA at 39; McClellan CJ at CL at 1; Hall J at 40
DECISION: Appeal dismissed
CATCHWORDS: CRIMINAL LAW - Crown appeal against sentence - armed robbery with an offensive weapon - whether undue weight given to subjective features and insufficient weight to objective seriousness - whether appropriate in exceptional circumstances to impose a non-custodial sentence - whether circumstances were exceptional - young offender - no prior convictions - good prospects of rehabilitation
Crimes Act 1900 LEGISLATION CITED: Crimes (Sentencing Procedure) Act 1999
R v Baker [2000] NSWCCA 85 R v Govinden (1999) 106 A Crim R 314 R v Henry (1999) 46 NSWLR 346 CASES CITED: R v Lattouf, 1996, unreported, NSWCCA, R v KM & Ors [2004] NSWCCA 65 R v Wall [2002] NSWCCA 42 R v Glen Wilson (2001) 125 A Crim R 450
The Crown PARTIES: Robert Geoffrey Gadsden (Resp)
FILE NUMBER(S): CCA 2005/1509
J Bennett SC (Crown) COUNSEL: C B Craigie SC ( Resp)
Solicitor for Public Prosecutions (Crown) SOLICITORS: Legal Aid Commission of NSW (Resp)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 05/21/1061
LOWER COURT JUDICIAL OFFICER: Donovan DCJ
IN THE COURT OF CRIMINAL APPEAL 2005/1509
HODGSON JA McCLELLAN CJ at CL HALL J
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